9.1.4 Fact-finding mission of the UN in Nigeria

In March 1996, at the request of the Government of Nigeria, the UN Secretary-General decided to launch a fact-finding mission to Nigeria.1 The mission was twofold, addressing: (1) the trial of Saro-Wiwa and the other co-accused including the examination of the judicial procedures based on Nigerian law and on the various international human rights instruments, to which Nigeria is party; and (2) the plans of Nigeria to implement its commitment to restore democratic rule.2 The mission indeed took place at the end of March until mid-April 1996 and a report was subsequently delivered in April 1996.3

Concerning the first matter, the mission reported that the Civil Disturbance Committee had not been constituted as required by Part I, Section 1, of the Civil Disturbances (Special Tribunal) Decree, No. 2 of1987. Hence, it concluded that the order composing the tribunal was void ab initio and therefore non est.4Furthermore, the report found that several procedures during the trial were unfair including inter alia, the denial of the defendants' access to counsel for an extended period before the opening of the trial, harassment of the members of the defence counsel by military personnel, and refusal of the tribunal to considera statement prepared by Saro-Wiwa. Moreover, the accused were deprived of their right to have the death sentence reviewed pursuant to Section 7(1) of Decree No. 2 of1987. In addition, the delay to submit a petition for clemency to the President was not respected. The mission also noted that the right of appeal was not respected as recognised under Nigerian law and article 14(5) of the ICCPR.5 Finally, the report stressed that the presence of a military officer at the tribunal was contrary to the standard of impartiality and independence as set out in articles 7(1)

(d) and 26 of the ACHPR6 and 14(1) of the ICCPR.7 Among the final

recommendations on the trial, the report stressed that a legal panel should be established by the Government to determine the modalities of the financial assistance to be accorded to the dependents of the deceased.8

Regarding the second matter of the report - on the implementation of a transitional programme - it was found that sanctions against Nigeria at this stage may prove unhelpful and retard the progress towards positive improvement. Among other measures, the mission advised the UN Secretary-General to continue the dialogue with the Head of State with an aim to creating conditions for the restoration of democratic rule.

Although the implementation of the recommendations of the UN fact-finding mission by the Government is not said to have yet produced the desired effects, the trial and execution of Saro-Wiwa itself has transformed the political national landscape.